5780 – RESOLUTION OF DISPUTES
- The Florida Department of Education requires school districts to establish procedures for parent/legal guardians to seek resolution of certain disputes with a school principals or designee, then, if the dispute remains unresolved, an additional method to attempt to resolve the dispute at the District level.
A summary of concerns that may be raised include:
- The required notice regarding a change in the student’s services or monitoring related to the student’s mental, emotional, or physical health or well-being and the school’s ability to provide a safe and supportive learning environment for the student.
- The requirement for School District personnel to encourage a student to discuss issues related to their well-being with their parent(s)/guardian(s).
- The prohibition against School District personnel prohibiting or discouraging parental notification of and involvement in critical decisions affecting a student’s mental, emotional, or physical health or well-being.
- The prohibition of classroom instruction by school personnel or third parties on sexual orientation or gender identity in kindergarten through third grade, or in other grades in a manner that is not age-appropriate or developmentally appropriate, in accordance with State standards (once developed).
- The requirement that student support services training adhere to student services guidelines, standards, and framework established by the Florida Department of Education.
- The requirement that, at the beginning of each school year, the District notify parents of each healthcare service offered at their child’s school and of the option to withhold consent or decline any specific service.
- The requirement that the District provide a copy of a well-being questionnaire or health screening form to the parent and obtain the permission of the parent before administering the questionnaire or health screening form to a student in kindergarten through grade 3.
- Parents fully complete a Request for Resolution form, which includes all School District HB1557 requirements, and submit it to the school principal.
- Within seven (7) calendar days of receipt of the notification by the principal/designee, they will review the form and either resolve the dispute or provide the parent/legal guardian a statement for the reasons for not resolving the dispute.
- If not resolved, the parent/legal guardian can submit the Request for Resolution form to the Assistant Superintendent of Elementary or Secondary Leading and Learning or Assistant Superintendent of Student Services as appropriate to the school.
- Within thirty (30) calendar days, the Assistant Superintendent, or designee, will review the form and either resolve the dispute or provide the parent/legal guardian with a statement for the reasons for not resolving the dispute.
- Options for further redress of unresolved concerns can be found at F.S. 1001.42(8)(c)(7) and include requesting a special magistrate by the Commissioner of Education or filing for a declaratory judgment.
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